Colorado Evidence in Federal Court Attorney
Evidence should be the sole deciding factor when a judge or jury decides whether the defendant is guilty or innocent during a federal case. In fact, the Federal Rules of Evidence “should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination,” according to the Cornell University Legal Information Institute. But does this always happen? Hearsay and prior convictions are admissible as evidence but, unfortunately, the court does not always see things with such a ‘blank white sheet of paper’ mentality.
For example, prejudice often plays a large role in federal trials whether anyone is willing to admit it or not. In a recent Pew Research Center poll, 88 percent of black respondents said that the country needs to continue making changes for blacks so that they have the same rights as white individuals, while only 53 percent of white respondents agreed with that notion. While there is no accurate percentage of Americans who are racist, that alone shows the stark contrast between these individuals of what they view as being a problem: the vast majority of black individuals agree that racism exists, while only half of white individuals admit so. No matter the charges you are currently facing or are under investigation for, a Colorado federal crimes attorney can help you navigate this intricate labyrinth that is the U.S. federal court system.
Rule 403: Excluding Relevant Evidence
Not all evidence, even relevant evidence, is useful for the purpose of a fair and speedy trial. When the value of relevant evidence is outweighed by the following, it can be excluded. Evidence that is overly prejudice, confusing, a waste of time, misleading to the jury, presents an undue delay, or needlessly presents cumulative evidence, will all be excluded by the court.
Rule 404: Character Evidence
Rule 404 states, among other points, that the defendant’s personality or traits should not be used as evidence of the crime that they are charged with, specifically, “Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.”
Questions Your Lawyer Should Ask
It is important to have a good relationship with your lawyer, and to openly discuss every aspect of your case so that the best terms can be presented during a plea deal or the best defense can be provided during trial. You and your attorney must discuss all of the following:
- Witnesses of the prosecution;
- Witnesses of the defense;
- Evidence the prosecution will present;
- Evidence that you will present to the jury;
- Your defense strategy; and
- Line of questioning you will ask expert witnesses.
Contact a Colorado Federal Crimes Attorney Today
If you are facing a federal investigation or have been charged with a federal crime, you need an attorney that has deep knowledge of what is and what is not appropriate evidence for the prosecution to present to the jury. Reach out to the Colorado law offices of Jeffrey S. Weiner today for help.